277-22 Exhibit(s)-Low Income Household Water Assistance Program.pdf

Company shall obtain the approval of the: Department of Community Affairs, Information Technology, John Harrison, John.Harrison@dca.nj.gov, for the time, manner and content of any such required notifications. The Department shall obtain the approval of the Utility Company _____________________. The Party that has experienced a breach shall be responsible for the cost of such notification to the extent that such data breach or unauthorized use or disclosure is due to the negligence or intentional misconduct of the Party. To the extent, such data breach or unauthorized use or disclosure is due to the negligence or intentional misconduct of the Party who experienced the breach that Party shall be responsible for notifying individuals and shall be responsible for any costs of notification. If there is any question as to whether the Department or the Utility Company is responsible for an incident, data breach or unauthorized use or disclosure of the customer information, the breached Party shall issue a notice and Utility Company and the Department shall subsequently determine responsibility for purposes of allocating the costs of such notices. E. In the case of an incident, data breach, theft, unauthorized use, disclosure, or crime related to the Customer Data maintained by either Party or the information contained therein, the Parties reserve the right to involve state and/or federal law enforcement officials in a data breach investigation, and/or involve a third party, including but not limited to specialists or subject matter experts, to help or conduct an independent investigation of any data breach or incident. The Parties agree to fully cooperate with any assessment or investigation related to a data breach or incident. In cases where notification to the other Party may compromise an ongoing assessment or criminal investigation of a data breach or incident, the Parties reserve the right to NOT provide notice. However, to the extent where such notice would not compromise an ongoing assessment or criminal investigation of an incident, data breach, theft, unauthorized use, disclosure, or crime related to the Customer Data, including their participation in the

going assessment or criminal investigation of an incident, data breach, theft, unauthorized use, disclosure, or crime related to the Customer Data, including their participation in the LIHWAP Program maintained by either Party, the investigating Party will provide written notice to the other Party regarding the existence of said assessment or criminal investigation. V. MISCELLANEOUS A. Termination This Agreement shall remain in effect until terminated as follows: • Unilaterally and immediately by the Department for any reason, upon 14- days’ written notice to the Utility Company; • Unilaterally and immediately by the Utility Company, for any reason, upon 14-days’ written notice to the Department; and • Mutually upon written agreement of the Department and the Utility Company, at any time. B. Subject to the Availability of Funding The Department’s obligations under this Agreement are subject to appropriations and the availability of funds. A failure by the Page 5 of 7